authorities charge the teenage suspect in the boston marathon bombings and say he and his brother appeared to have been motivated by a radical brand of islam. rising waters. communities along the mississippi river already hit hard by floods have more to worry about as more rain moves in. >> absolutely exasperated. because it seems like nobody even cares. expect delays. deep federal budget cuts keep air traffic controllers off the job leaving flights backed up and air travelers feeling frustrated. this is the "cbs morning news" for tuesday, april 23rd, 2013. good morning. good to be with you. i'm anne-marie green. the alleged boston marathon

bombers apparently were motivated by religion and acted alone. that is the preliminary conclusion of u.s. officials who questioned the surviving suspect dzhokhar tsarnaev. during a preliminary hearing in his hospital room, tsarnaev was charged with using and conspireing to use a weapon of mass destruction. he will be prosecuted in federal court and could face the death penalty. 51 people wounded in the explosions remain hospitalized. doctors say all will survive. now, edward lawrence is at israel deaconess hospital where dzhokhar tsarnaev is being treated right now. edward, good morning. >> reporter: good morning. the 19-year-old suspect admitted he played a role in the boston marathon bombings according to cbs news sources. now he has bail and probable cause hearing on may 30th. 19-year-old dzhokhar tsarnaev's hospital room became a makeshift courtroom monday.

a federal judge arraigned the terror suspect and announced he's being charged with using a weapon of mass destruction during the boston marathon bombings last week that killed three and injured 180. if convicted, he could face the death penalty. prosecutors believe dzhokhar and his 26-year-old brother, tamerlan, placed two pressure cooker bombs on boylston street around the marathon finish line. tamerlan died friday in a shootout with police. dzhokhar is being treated for gunshot wounds. despite being listed in serious condition, the judge said i find that the defendant is alert, mentally competent and lucid. cbs news learned that investigators questioned him at his bedside and he told them he and his brother acted alone in order to carry out the marathon bombings. our sources say the tsarnaev brothers read jihadist websites but were apparently not part of a terrorist group. because tsarnaev is a united states citizen, they decided to charge him as a civilian and not

an enemy combatant. >> since 9/11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> reporter: late monday evening federal investigators swarmed an area behind a cambridge business where the father and tsarnaev used to work on cars. officials placed a tarp over the scene to keep the search private but they were filmed carrying out a box. the m.i.t. officer ambushed and killed on friday will be laid to rest today in a private service. there will be a public memorial service tomorrow. vice president joe biden will attend that memorial. >> thank you. tsarnaev was captured friday. he was hiding in a boat in a backyard in the boston suburb of watertown. senior correspondent john miller got the first interview with s.w.a.t. team officers who made the arrest. >> what's the first you see of the suspect? >> as we're approaching what we call a danger zone, we broke final cover from the house and we're out in the yard. that was the danger zone because there's no cover for us except for that ballistic shield.

as we're crossing that danger zone, i saw the suspect sitting up on the gunwale of the boat with one leg hanging over the side and his hands were just sort of down by his side. he looked weak. he was shaky. appeared to be losing consciousness and did have some wounds to his body. you could see the blood on his body. >> you can see john miller's entire interview with the s.w.a.t. team that arrested dzhokhar tsarnaev coming up on "cbs this morning." the boston marathon bombing is also influencing the immigration debate on capitol hill. tara mergener is in washington with more. good morning, tara. >> reporter: good morning. the brothers accused of the boston marathon bombings have been living legally in the u.s. for more than a decade after immigrating from russia's caucasus region. last week some republican lawmakers who expressed doubt about an immigration reform bill brought up the trk

highlight possible failures of the current immigration system. democrats are accusing the gop of exploiting the tragedy in boston to delay any legislation. now that led to a testy exchange between democrat charles schumer and republican chuck grassley during a senate committee hearing yesterday. >> those who are pointing to what happened, the terrible tragedy in boston, as an excuse for not doing a bill or delaying it many months or years. >> i never said that. >> i didn't say you did. >> i didn't say that. >> i didn't say you did, sir. >> mr. chairman, i don't appreciate the senator demeanoring the witnesses that come here. >> reporter: on friday grassley cited the attack as a reason for caution in moving ahead with the immigration bill. while that hearing was going on, two other gop senators weighed in.

now, rand paul and marco rubio issued separate statements suggesting lawmakers take their time with immigration reform. today homeland security secretary janet napolitano testifies on immigration herself. her original testimony was canceled friday so she could monitor the manhunt for suspect dzhokhar tsarnaev. anne-marie? >> tara mergener in washington. thank you very much, tara. overseas now a car bomb exploded outside the french embassy in tripoli this morning. libyan officials say the explosion caused significant damage. two guards were reportedly injured. the motive for the attack is unknown. the u.s. embassy in benghazi, libya, was attacked last september. four americans including the american ambassador were killed. a bail hearing is scheduled for tofon arged with plotting a terrorist attack against a canadian passenger train. canadian authorities say the two suspects had direction and

guidance from al qaeda in iran. but officials say there was no link to the attacks in boston. the suspects are not canadian citizens. authorities received a tip from canada's muslim community. the federal government decided to temporarily delay a policy that would have allowed passengers to carry small knives onto planes. the new policy was supposed to go into effect this week. besides small knives, passengers would have been allowed to bring small baseball bats and other sports equipment onboard. these have been banned since the 9/11 attacks. a former transportation chairman agreed with the new proposals. >> we have seen problems with the attempts of blowing up aircraft with the underwear bomber and even some electronics so to spend more time looking for those kinds of threats made sense to me. >> flight attendants, unions, air marshals and some airlines

strongly opposed the proposed new policy. coming up on the "cbs morning news," travelers face big delays after a furlough of air traffic contrork we'll show you jhoit's gotten. first, we'll take you to the midwest where people are losing the battle against rising floodwaters. this is the "cbs morning news." ews." is the better choice for him, you that aleve he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. and you'll dump your old mop. but don't worry, he'll find someone else. ♪ who's that lady?

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green mountain coffee for your keurig brewer. brew a better day. overflowing rivers in the midwest have flooded streets and homes. this is near chicago. the school bus was seen plowing through one of the flooded roads. a bus company spokesperson says no students were aboard and the driver has been suspended. heavy rain last week is what's pushed rivers in at least six states above flood stage. in clarksville, missouri, the mississippi river overflowed its banks leaving neighborhoods under water. the flooding is blamed for three deaths. as matt from our st. louis affiliate reports, even more rain is on the way.

>> reporter: it has literally taken an army of volunteers, the national guard and even prisoners to do everything they issocl keep the water out of but as the mississippi river rises on the other side of that rock and sand wall, the concern is still growing on this side that the river will win out and flood this small town. in the overnight hours, volunteers have been working hard to shore up and strengthen that floodwall which has shown signs of weakening and even leaks. clarksville is like many towns along the mississippi river this week that are experiencing flooding after last week's torrential rains in the midwest. and while that floodwall is holding now here in clarksville, the worry is still here because there is more rain in the forecast. some evacuated residents living near the fertilizer plant that exploded in texas are being let back into their homes. those living closest are still

being kept away as investigators search the site for clues into how last week's explosion happened. 14 people died including ten firefighters and emts and more than 200 were hurt. a man on the fbi's ten most wanted list has been arrested in nicaragua. eric justin toth was taken into custody saturday. he's suspected of making child pornography. he taught third grade at a private washington, d.c. school. he vanished in 2008 after another teacher reported finding sexually explicit photos on a school-issued camera. straight ahead on your tuesday morning, your tuesday morning weather and in "cbs moneywatch" nike is forced to yank a t-shirt in the aftermath of the boston bombings last week. for bringing us together. angie's list -- reviews you can trust.

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they used centrum silver in the study. makes me feel even better, that's what i take. sorry, we take. [ male announcer ] centrum. the most recommended. most preferred. most studied. centrum, always your most complete. here's a look at today's forecast in cities around the country. new york, morning rain with a high of 56. partly sunny in miami. occasional rain in chicago and thunderstorms in dallas. los angeles, partly sunny, a high of 75. and time now for a check of the national forecast. more flood warnings this morning along the mississippi and illinois rivers following last week's heavy rain. expect as much as three inches of snow in parts of the midwest and plains and up to two inches of rain in missouri and indiana. heavy winds from virginia to maine brings the risk of rip currents. most of the west and south will be dry.

on the "cbs moneywatch" now, halliburtoin settlement talk p thbostong bombings. erica ferrari is here with more. >> asian markets were lower on weak manufacturing data from china. tokyo's nikkei dropped half a percent. hong kong hang seng lost 1%. wall street ended on a positive note on monday coming off the worst week since november. the dow gained 19 points while the nasdaq finished up 27. halliburton revealed it's trying to reach a settlement over its role in the 2010 gulf oil spill. it followed an explosion on a bp drilling rig that killed 11 people. halliburton was bp's cement contractor described the settlement talks as being in an advanced stage. more welcome news for drivers this morning. experts predict gas prices could plunge another 20 cents by june. gas usually gets more expensive

as summer approaches but a steep fall in the price of oil is keeping costs low. the nationwide averaig is 3.52 for a gallon of regular. and nike removed t-shirts with blood spattered lettering reading boston massacre from stores following last week's deadly boston bombing. the company says the phrase refers to a late-season sweep by the new york yankees of the boston red sox back in 1978. nike says it immediately pulled the shirts last week following the marathon bombings and yankee and red sox fans put aside their heated rivalry last week in the aftermath of the attacks. >> they did. thank you, erica. the red sox were back in action at fenway park last night between the fourth and fifth innings the team honored the first responders of watertown, massachusetts. that's the boston suburb where the bombing suspect was apprehended on friday. and they had something to cheer about. in the fifth, mike napoli launches a grand slam over the green monster.

the red sox beat oakland 9-6. in the nba playoffs now, the los angeles clippers are making their presence felt. in the fourth quarter, blake griffin takes a pass from chris paul and delivers a big one-handed slam dunk and wh the seconds, it's paul taking a running jumper. he beats the buzzer and he gives the clippers a 93-91 lead over memphis. l.a. leads the series two games to none. and in the eastern conference, joakim noah leads the way for the bulls. the big center makes big plays in the fourth quarter to help chicago pull away from brooklyn. the bulls top the nets 90-82 to even their series at one game a piece. when we return, travel trouble. a furlough of air traffic controllers means big delays for airline passengers. we'll show you just how bad it's gotten. ♪ the joint is jumpin' ♪ it's really jumpin' ♪ ♪ come in, cats

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is the bombing suspect reves details of the attack to : onhe chopping block. contra costa county looks to close more fire stations. and get ready for another wm one. which bay area cities could be flirting with reco highs today. join us for kpix 5 news this morning... beginning at 4:3 good morning. it's tuesday,,

here's a look at today's forecast in some cities around the country. washington, d.c., partly cloudy, 62 the high. atlanta, partly sunny, 72. st. louis, expect thunderstorms and morning snow in denver. partly sunny in seattle. airline passengers are being told to prepare for big delays. that's because about 10% of air traffic controllers were furloughed as part of the mandatory budget cuts. cheryl attkisson looks at how bad the problem has gotten. >> reporter: for the second day in a row, passengers saw delays. arrives were delayed an average of 77 minutes sunday night. air traffic controller mike foot is dealing with the fallout. >> this is just starting. as summer gets worse and travel season gets intensified and weather picks up, this is just the beginning. >> reporter: the faa has ordered 14,750 air traffic controllers

on furlough two days a month. that's to help make up for $600 million in mandatory budget cuts called sequester. the faa sahacaed 400 delays nationwide on sunday averaging 85 minutes at new york's laguardia airport and 70 minutes at jfk. sporadic delays were also reported monday in charlotte, north carolina, and jacksonville, florida. transportation department head ray lahood says there was no other choice. >> we eliminated contracts. we cut contracts. we eliminated temporary employees. we looked everywhere possible to avoid the kind of furloughs that are now taking place. >> reporter: not everyone agrees. nick represents the airline industry which is suing to stop the furloughs. >> the faa has a budget of $15.6 billion. in a budget that big surely they can find the money to not furlough the air traffic controllers and have this kind of rolling impact on the u.s. economy. it's going to cost a lot more.

>> reporter: critics argue president obama wants the public to feel the effects of sequester to create pressure so that there are changes in it. >> we have looked after passengers for 4 1/2 years. the last thing we want to do is disadvantage the flying public. >> cheryl attkisson, cbs news, washington. disgraced former new york congressman anthony weiner has a new twitter account. weiner resigned two years ago after being caught posting lewd photos of himself on twitter. he also sent inappropriate messages to several women. on monday he launched @anthonyweiner. the new account features his policy ideas for new york city. it is believed he plans to run for mayor. woodstock icon richie havens has passed away. he was the first musician to perform at the 1969 festival and kept playing for three hours when other artists arrived late.

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18 states and washington, d.c. have legalized medical marijuana. connecticut joined that group last year but while it's legal to use medical marijuana there, it's not legal to grow it and there's no place open that legally sells it. as jeff glor reports, that's left some patients risking arrest. >> reporter: at first glance, 42-year-old tracy appears to be a typical mom in suburban connecticut. she is not. >> i use medicinal marijuana. i am breaking the law right now because we don't have growers and distributors here in connecticut. >> reporter: in 2006, fanning, then the mother of two young children, was diagnosed with terminal brain cancer. racked by seizures, debilitating

headaches and oppressive pain medication, she spent much of her time in bed until she tried marijuana. >> the fir d it gave me back my life. >> reporter: connecticut did not allow the medical use of marijuana at the time. the suggestion came from her doctor. >> it's always somewhat difficult for me because when i make a recommendation about trying marijuana, it's telling somebody to potentially put themselves in harm's way. to go purchase an illegal drug. >> reporter: both are speaking out now while connecticut legalized medicinal marijuana last may, there's still nowhere to legally buy it. she showed me the safe in her closet where she keeps her supply. >> these are the medications that i'm proud to say i don't have to take anymore. this is my vaporizer which is a safe way to use medicinal marijuana.

it allows you to not get the carcinogens from smoking. >> reporter: without marijuana, do you think you would still be here today? >> iou bme i would not be this. and this is what everybody hopes to have 6 1/2 years later after being diagnosed. >> reporter: you are by talking to us in this way potentially putting yourself in legal jeopardy. >> this was a very difficult decision to make coming out on camera and talking to your audience and saying i use medicinal marijuana. >> reporter: somebody said to you seven years ago, you're going to be a prominent advocate for medicinal marijuana. >> nobody thinks they're going to do this and nobody wants to be doing this. i hope nobody ever has to do this again. >> reporter: fanning is using the time she has left on her family and her cause. >> i know i'm going to die.

but i know while i still can do this, i can make a difference. >> reporter: jeff glorcbnews, i. coming up after your local news on "cbs this morning," a closer look at the four officers that took the boston bombing suspect into custody last week. john miller speaks with them. plus, the debate over immigration reform on capitol hill. that's the "cbs morning news" for this tuesday. i'm anne-marie green. have a great day. for tuesday. i'm anne-marie green. have a great day. ,,,,

>> your realtime captioner: linda marie macdonald good morning. it's every bit of a tuesday, isn't it? >> it is. >> april 23rd. i'm frank mallicoat. >> i'm michelle griego. time now is just about 4:30. does it feel like us to you? >> it feels great to me!

>> wow! >> i am feeling good today guys! what a great day yesterday. lots of sunshine to the coast. but we have seen some changes. check out the temperatures almost 70 degrees now in livermore. will it be as hot today? we'll talk about that coming up. >> it's going to be beach weather! outside a live look at the golden gate bridge. it looks like they are doing some lane changes now, as a matter of fact. you can see crews out there and the signs. we are following a power outage in the east bay. a lot more coming up in traffic. >> we'll be doing a coffee check and find out what's in it! >> i don't think he needs any. [ laughter ] the next legal step in the boston marathon bombings case will probably be a federal indictment. surviving suspect johar tsarnaev was charged in his hospital room yesterday. he was also questioned and wrote out his answers because his throat is injured. the 19-year-old tsarnaev indicated he and his brother were motivated by religious extremism. cbs reporter edward lawrence reports, he will